Dog attacks can cause fear and anger, but members of the public should not take matters into their own hands after the immediate danger has passed.
WeirdKaya spoke to Kelvin Ong, a legal associate specialising in civil and criminal litigation, to understand what residents should legally do following a dog attack.
You can protect yourself during an attack
According to Kelvin, members of the public are generally not allowed to hurt or punish a dog simply because it allegedly bit or attacked someone.
However, a person facing immediate danger may take necessary action to protect themselves, chase the dog away and escape from the situation.
If you are being chased or attacked, you can take the necessary action to protect yourself and get away,” he explained.
Once the danger has passed, residents should not continue attacking the animal or attempt to punish it themselves.
Instead, the matter should be handed over to the relevant authorities for investigation.
Seek medical treatment and make a report
Kelvin said the victim should first seek immediate medical attention before lodging reports with the police and local council.
The victim should provide details such as the date, time and location of the incident, along with photographs, videos, witness information and medical reports from the clinic or hospital.
They should also provide a clear description of the dog, including its colour, size, markings and other noticeable features, so that the authorities can identify the correct animal.
The police may investigate whether the dog has an owner and whether the owner took reasonable precautions to prevent it from attacking others.
The local council may also work with the Department of Veterinary Services (DVS) to capture and examine the dog.
Under Section 41 of the Animals Act 1953, a veterinary authority or police officer of at least the rank of Inspector may order a dog believed to have bitten someone to be produced for examination and detained for an appropriate period.
Kelvin added that a victim may consider filing a civil claim against the dog’s owner for damages and compensation, depending on the circumstances of the case.
“There are proper steps available to claim damages and compensation. There is no need for other members of the public to attack the dog,” he said.
Who is responsible if a dog dies during capture?
When asked who could potentially be held responsible if a dog dies after being tied, dragged or restrained during a capture operation, Kelvin said the local authority, contractors or individuals involved could come under investigation.
The police would need to determine whether those involved followed the relevant standard operating procedures, guidelines and local by-laws.
Responsibility would depend on the evidence and the role played by each individual during the operation.
Kelvin said investigations could potentially involve Section 428 of the Penal Code, which covers mischief involving the killing, poisoning, maiming or rendering of an animal useless.
An offence under Section 428 carries imprisonment of up to three years, a fine or both.
Section 29 of the Animal Welfare Act 2015 may also apply where an animal is cruelly beaten, kicked, tortured, terrified or subjected to other forms of cruelty.
Those convicted under Section 29 can be fined between RM20,000 and RM100,000, imprisoned for up to three years, or both.
Can an owner reclaim an unlicensed dog?
Kelvin said a dog suspected of biting someone may be detained and observed for signs of rabies.
While he said the observation period is commonly around 14 days, the Animals Act allows the relevant authority to determine how long the dog should be detained based on the circumstances.
A veterinary authority may also order an animal suspected of rabies to be quarantined, examined or detained until it is considered free from the disease.
For an owner seeking to reclaim an unlicensed dog, Kelvin said they may be required to provide proof of vaccination, apply for a dog licence and fulfil any other conditions imposed by the local council.
The exact procedure and fees may differ between councils, so owners should contact the authority holding the dog directly.
This article provides general legal information based on an interview and should not be treated as legal advice for a specific case.
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